Ordinance No. 1712
ORDINANCE NO,
1712
AN ORDINANCE OF THE CITY OF CUPERTINO, AMENDING CHAPTER 9,06 OF THE
CUPERTINO MUNICIPAL CODE (MASSAGE ESTABLISHMENTS AND SERVICES) TO
BETTER SATISFY THE PURPOSE AND INTENT OF THIS CHAPTER AND DECLARING
THE URGENCY THEREOF,
WHEREAS, on September 18, 1995, the City Council adopted Ordinance No, 1700
which established a ninety day moratorium upon the issuance of any new massage establishment
license or massage therapist permit to allow the City staff, in seeking to protect the City's
health, safety and welfare, to review the City's present massage ordinance and recommend to
the City Council modifications addressing the concerns of the City; and
WHEREAS, the ninety day moratorium period will expire on December 31, 1995; and
WHEREAS, the City staff has, in fact, reviewed the present massage ordinance and has
recommended modifications which, if adopted, will address the above-described concerns and
will make the City's ordinance more consistent with those of surrounding jurisdictions,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO,
CAUFORNIA, DOES ORDAIN AND ENACT THE FOLLOWING:
Section 9,06,OlOA is hereby amended to read as follows:
A, It is the purpose and intent of this chapter to provide for the orderly regulation of massage
therapists and massage establishments as defined in this chapter in the interest of public health,
safety and welfare by providing certain minimum qualifications for the operators of massage
establishments and massage therapists, This chapter is adopted based on the following fmdings:
Section 9,06,020E is hereby amended to read as follows:
E, "Massage therapist" means any person who has been granted a permit pursuant to this chapter
and who administers massages, baths or health treatments involving massages or baths as the
principal function to another person for any compensation whatsoever, and meeting the certain
requirements established by this chapter.
Section 9,06.020G is hereby amended to read as follows:
G, "Permit" means a permit to engage in activities of a massage therapist as required by this
chapter.
Section 9,06,040 is hereby amended to read as follows:
It is unlawful for any person to engage in, conduct or carry on in or upon any premises
within the City the operation of a massage establishment without a massage establishment license
obtained frorn the City Manager, In addition to a City business license, a separate establishment
license shall be obtained for each separate massage establishment operated by such person, A
massage establishment license shall be issued to any person who has complied with the
requirements of this chapter and all other applicable provisions of this code unless grounds for
denial of such license exist. The possession of a valid massage establishment license does not
authorize the possessor to perform work for which a massage therapist permit is required,
Section 9,06,070(2) is hereby amended to read as follows:
2, That the applicant or any officers or directors of the applicant has, within five years
immediately preceding the date of filing the application, been convicted of a crime,
Section 9,06,080 is hereby amended to read as follows:
It is unlawful for any licensed massage establishment to allow any employee to perform
massage, bath or health treatment for any compensation unless the employee holds a massage
therapist permit.
Section 9,06,090B(6) is hereby amended to read as follows:
6, The name and address of a recognized school of massage attended, the date attended and a
copy of the diploma or certificate of graduation awarded the applicant showing completion of
not fewer than five hundred hours of instruction or written and verified proof that the applicant
has at least five hundred hours' experience in professional work and method of massage as of
the effective date of the ordinance codified in this chapter.
There is hereby added to the Municipal Code of Cupertino Section 9,06, 090B(7) which is to read
as follows:
7, Certification from a medical practitioner approved by the City of Cupertino that the applicant
has successfully completed both a written test and practical performance examination
administered by said medical practitioner. The certification will be provided only after the
applicant has successfully demonstrated a basic knowledge of anatomy, physiology, hygiene, and
massage, No applicant may take the written test and practical performance examination more
than two times in a 12 month period, Any costs associated with the written test and practical
performance examination shall be the responsibility of the applicant and paid directly to the
medical practitioner,
There is hereby added to the Municipal Code of Cupertino Section 9,O6.090B(8) which is to read
as follows:
8, Any person who has been issued a massage therapist permit or massage therapist trainee
permit and who has not complied with the provisions of subsection 9,06,090B(7), shall be
required to satisfy the requirements of said subsection within 90 calendar days of the adoption
of said subsection,
Section 9,06,llOB is hereby amended to read as follows:
B, Has completed the following requirements:
Section 9,Q6,llOB(3) is hereby amended to read as follows:
3, Has passed an independently prepared and administered written test and practical
performance examination administered through a medical practitioner approved by the City of
Cupertino wherein the applicant has been required to demonstrate a basic knowledge of anatomy,
physiology, hygiene, and massage,
Section 9,06,120 is hereby repealed,
Section 9,06,130 is hereby repealed,
Section 9.06,140 is hereby repealed,
Section 9,06,150 is hereby repealed,
Section 9,06,160 is hereby amended to read as follows:
9.06.160
Annual medical examination for massage therapist.
A, Any person who has been issued a massage therapist permit shall file with the City Manager
each year within thirty days of the anniversary date of the issuance of the permit an updated
certificate from a medical doctor stating that the permittee has, within thirty days immediately
prior to the filing of the certificate, been examined and been found to be free of any contagious
or communicable disease capable of being transmitted to the public or fellow employees involved
in the performance of conducting a massage,
B, It is unlawful for any person who has neglected, failed, or refused to file a certificate
required by subsection 9,06, 160A of this section to act as a massage therapist. Failure to submit
the required certificate shall be grounds for revocation of the permit.
Section 9,06,170 is hereby amended to read as follows:
9,06.170
Massage therapist permit -- Grounds for denial
It is unlawful for any person to act as massage therapist unless such person holds a valid
permit issued by the City Manager, The massage therapist permit shall be issued to any person
who has fulfilled the requirements of this chapter and all applicable provisions of this code
urness grounds for denial of such permit are found to exist. The City Manager may deny a
permit if one or more of the following are found:
1. That the applicant has not successfully satisfied the provisions of this chapter;
2, That the applicant has made a material misstatement in the application for a permit;
3, That the applicant has, within three years immediately preceding the date of the filing
of the application, been convicted of a crime;
4, That the issuance of a permit is likely to be a hindrance to the health, safety, welfare
or the interest of the people of the City;
5. That the applicant is lacking in the background qualifications to act as a massage
therapist;
6, That the applicant has violated any provision of this chapter or any similar ordinance,
law, rule or regulation of another public agency which regulates the operations of massage
establishments or massage technicians,
Section 9,06,230 is hereby amended to read as follows:
The owner or operator of massage establishment shall display a massage establishment license
and the permit for each and every massage therapist employed in the establishment, in an open
and conspicuous place on the premises,
The title of Section 9,06,240 is hereby amended to read as follows:
9.06.240 Inspection by officials -- premises.
There is hereby added to the Municipal Code of Cupertino Section 9,06.245 which is to read
as follows:
9.06.245 Inspection by officials -- records.
Every massage establishment shall keep a written record of the date and hour of each
service provided, the name and address of each patron and the service received, and the name
of the rnassage therapist administering the service, Such records shall be open to inspection orny
by officials of the City of Cupertino charged with enforcement of this chapter, These records
may not be used for any other purpose than as records of service provided and may not be
provided to other parties by the massage establishment or service urness otherwise required by
law, Such records shall be retained on the premises of the massage establishment for a period
of two (2) years,
Section 9.06,260 is hereby amended to read as follows:
Any person who violates the provisions of this chapter shall be guilty of a misdemeanor and
upon conviction thereof shall be punished as provided in Chapter 1,12 of the Cupertino
Municipal Code,
There is hereby added to the Municipal Code of Cupertino Section 9,06,280 which is to read
as follows:
9.06.280 Application to existing massage establishments and massage therapist
The provisions of this chapter shall become applicable to massage establishments and
persons engaged in the practice of massage which lawfully existed prior to the effective date of
this chapter.
In order to comply with this chapter, each owner of a massage establishment shall comply
with the provisions of this chapter within thirty (30) days of the adoption, and each massage
therapist must comply within ninety (90) days of adoption,
*************
URGENCY:
This ordinance is declared an urgency measure and shall be in full force and effect upon
its enactment. The facts constituting such urgency are as follows:
On September 18, 1995, the City Council adopted Ordinance No, 1700 which established a
ninety day rnoratorium upon the issuance of any new massage establishment license or massage
therapist permit to allow the City staff, in seeking to protect the City's health, safety and
welfare, to review the City's present massage ordinance and recommend to the City Council
modifications addressing the concerns of the City,
During the moratorium two new massage establishment license applications and seven new
therapist license applications have been held abeyance while the City reviewed the present
ordinance and considered the adoption of remedial provisions to address the City's concerns,
The moratorium is scheduled to expire on December 31, 1995, if no action is taken by the City
Council prior to that date,
PUBLICATION CLAUSE:
The City Clerk shall cause this ordinance to be published at least once in a newspaper
of general circulation published and circulated in the city within 15 days after its
adoption, in accordance with Government Code Section 36933, shall certifY to the
adoption of this ordinance and shall cause this ordinance and certification, together with
proof of publication, to be entered into the Book of Ordinances of the City of Cupertino,
INTRODUCED AND ENACTED at a regular meeting of the City Council of the
City of Cupertino this 4th day of December, 1995, by the following vote:
~
Members ofthe Ci~ Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Chang, Dean, Sorensen, Burnett
None
Bautista
None
ATTEST:
APPROVED:
1J:.1.i~1P
Ci~Ä~